Tribunal upholds CIT(A) decision on late PF contribution, directs AO to verify payment date

The Tribunal upheld the CIT(A)'s decision to delete the addition under sections 36(1)(va) and 2(24)(x) of the Income Tax Act for late deposit of employees' PF contribution. The Tribunal directed the Assessing Officer to verify if the payment was made before the due date of filing the return, and if so, the addition should be deleted. The revenue's appeal was allowed for statistical purposes.

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Issues involved: Appeal against CIT(A)'s order deleting addition u/s. 36(1)(va) read with sec. 2(24)(x) of the Income Tax Act, 1961 for late deposit of employees' contribution to PF.

Summary:
The appeal by revenue challenges the CIT(A)'s decision to delete the addition made u/s. 36(1)(va) read with sec. 2(24)(x) of the Act regarding late deposit of employees' PF contribution. The Assessing Officer disallowed the amount for delayed payment, but the CIT(A) ruled in favor of the assessee, citing precedents and directing the deletion of the disallowance. The issue was found to be covered in favor of the assessee by a decision of the jurisdictional High Court. The Tribunal remitted the matter back to the Assessing Officer to verify if the payment was made within the due date of filing the return. If so, the addition should be deleted in full. The appeal of the revenue was allowed for statistical purposes.

In conclusion, the Tribunal upheld the CIT(A)'s decision to delete the addition made u/s. 36(1)(va) read with sec. 2(24)(x) of the Act for late deposit of employees' PF contribution, based on the payment being made before the due date of filing the return.

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